Nonstructural flood and coastal storm risk management

(a) Definition of nonstructural feature (1) In general In this section, the term nonstructural feature, with respect to a project for flood risk management or hurricane and storm damage risk reduction, means methods and techniques for reducing flood and coastal storm risk and damages by adapting to the natural characteristics of a floodplain, including— (A) structure elevation; (B) structure floodproofing; (C) basement filling; and (D) acquisition of floodplain land and attendant structure demolition or relocation, except as provided in paragraph (2). (2) Exclusion The term nonstructural feature does not include any property acquisition and attendant structure demolition or relocation required to implement a structural feature or to mitigate for flooding induced by a structural feature. (b) Capacity building (1) National nonstructural committee (A) In general The Secretary shall not terminate the charter for the National Nonstructural Committee of the Corps of Engineers established pursuant to the authorities provided to the Secretary under section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) without specific authorization from Congress. (B) Stakeholder engagement and community outreach policies To the maximum extent practicable and consistent with section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), the National Nonstructural Committee shall prioritize the development of guidance and tools to enhance the use of nonstructural features, when appropriate and consistent with applicable statutory authorities, including through stakeholder engagement and community outreach. (C) Consultation The Secretary shall not require a District or Division of the Corps of Engineers to consult with, or provide funding to, the National Nonstructural Committee when that District or Division is carrying out an authorized study or project for flood or coastal storm risk management. (2) Nonstructural working group (A) In general Beginning not later than 90 days after the date of enactment of this Act, the Secretary, acting through the National Nonstructural Committee, shall establish a working group (referred to in this paragraph as the Nonstructural Working Group) of representatives from Federal agencies with statutory responsibilities related to flood risk management or flood hazard mitigation, State and local governments, and nationally recognized nonprofit organizations with expertise in nonstructural flood risk management to provide individual advice to, and exchange information with, the National Nonstructural Committee— (i) to advance the execution of flood risk management and hurricane and storm damage risk reduction studies and projects that include nonstructural features; and (ii) to further the development of technical and policy guidance for the formulation, evaluation, and implementation of nonstructural features. (B) Meetings (i) In general The Nonstructural Working Group shall meet virtually on not less than a quarterly basis. (ii) Available to public Each meeting of the Nonstructural Working Group shall be open and accessible to the public. (iii) Agenda The National Nonstructural Committee shall make available on a public-facing website the agenda for each meeting of the Nonstructural Working Group at least 10 days before the date of the meeting. (iv) Minutes The National Nonstructural Committee shall make available on a public-facing website the minutes for each meeting of the Nonstructural Working Group not later than 30 days after the date of the meeting. (C) Access to information As is necessary and appropriate as determined by the Secretary, the National Nonstructural Committee shall provide participants in the Nonstructural Working Group access to information related to ongoing flood risk management and hurricane and storm damage risk reduction studies and projects that include nonstructural features and technical and policy guidance for the Nonstructural Working Group to carry out the purposes described in clauses (i) and (ii) of subparagraph (A). (c) Phased implementation (1) In general On the request of the non-Federal interest for a project for flood risk management or hurricane and storm damage risk reduction that includes nonstructural features at scale, the Secretary shall phase implementation of the nonstructural features by municipality, neighborhood, type of structure, category of nonstructural feature, or other appropriate criterion. (2) Project partnership agreements In carrying out a project described in paragraph (1), the Secretary may enter into a separate project partnership agreement with the non-Federal interest for each phase of construction of the nonstructural features. (3) Multiple non-federal interests In the case of a project described in paragraph (1) that involves multiple non-Federal interests, the Secretary may enter into separate agreements with each non-Federal interest. (d) Acquisition and attendant structure demolition or relocation If requested by a non-Federal interest for a flood risk management or hurricane and storm damage risk reduction project authorized on or after the date of enactment of this Act, the Secretary— (1) shall carry out a property acquisition and attendant structure demolition or relocation nonstructural feature included in the project on a voluntary basis; and (2) may not compel the owner of a structure included in the nonstructural feature to participate in an action described in paragraph (1). (e) Structure elevation (1) Temporary relocation assistance Section 8154 of the Water Resources Development Act of 2022 (136 Stat. 3735; 138 Stat. 3012) is amended— (A) in subsection (e), by striking 10 years and inserting 12 years; and (B) in subsection (g)(1), by adding at the end the following: (G) Project for coastal storm risk management, Rhode Island Coastline, Rhode Island, authorized by section 1401(2) of the Water Resources Development Act of 2024 (138 Stat. 3169). (H) Project for coastal storm risk management, Pawcatuck River, Rhode Island, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738). (I) Project for flood risk management, Tar Pamlico River Basin, North Carolina, authorized by section 1401(7) of the Water Resources Development Act of 2024 (138 Stat. 3171). (J) Project for flood risk management, Princeville, North Carolina, under study on the date of enactment of the Water Resources Development Act of 2026 under the authority of section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a). (K) Project for coastal storm risk management, Virginia Beach, Virginia, under study on the date of enactment of the Water Resources Development Act of 2026 under the authority of section 1201(9) of the Water Resources Development Act of 2018 (132 Stat. 3802). (L) Project for coastal storm risk management, City of Boston, Massachusetts, under study on the date of enactment of the Water Resources Development Act of 2026 under resolution of the Senate Committee on Public Works dated September 12, 1969 (91st Congress). (M) Project for coastal storm risk management, Nassau County Back Bays, New York, under study on the date of enactment of the Water Resources Development Act of 2026 under the authority of the Act of June 15, 1955 (69 Stat. 132, chapter 140). (N) Project for flood risk management, Green Brook, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4119), under reevaluation on the date of enactment of the Water Resources Development Act of 2026.. (2) Structure elevation project delivery pilot program (A) In general The Secretary shall establish a pilot program to evaluate the extent to which modifications to the structure elevation nonstructural features of a covered water resources development project to account for minimum design loads and associated criteria for wind risk will enhance the completeness, effectiveness, efficiency, acceptability, and equitable implementation by the Corps of Engineers of those nonstructural features for those covered water resources development projects. (B) Elements On the request of the non-Federal interest for a covered water resources development project, the Secretary may include in project costs shared in accordance with the cost share requirements otherwise applicable to the covered water resources development project the costs associated with modifying a structure elevation nonstructural feature of the covered water resources development project to comply with minimum design loads and associated criteria for wind risk as described in subparagraph (A). (C) Congressional notification The Secretary shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives prior to entering into a project partnership agreement providing for a covered water resources development project to be implemented under the pilot program established under this section. (D) Sunset The authority to enter into, or amend, a project partnership agreement providing for a covered water resources development project to be implemented under the pilot program established under this section shall expire on the date that is 10 years after the date of enactment of this Act. (E) Report to congress Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes findings and recommendations of the Secretary with respect to the pilot program established under this section. (F) Definition of covered water resources development project In this section, the term covered water resources development project means— (i) the project for coastal storm risk management, Rhode Island Coastline, Rhode Island, authorized by section 1401(2) of the Water Resources Development Act of 2024 (138 Stat. 3169); (ii) the project for coastal storm risk management, Pawcatuck River, Rhode Island, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738); (iii) the project for coastal storm risk management, Fire Island Inlet to Montauk Point, New York, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738); and (iv) the project for coastal storm risk management, Norfolk, Virginia, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738).

(a) Definition of nonstructural feature (1) In general In this section, the term nonstructural feature, with respect to a project for flood risk management or hurricane and storm damage risk reduction, means methods and techniques for reducing flood and coastal storm risk and damages by adapting to the natural characteristics of a floodplain, including— (A) structure elevation; (B) structure floodproofing; (C) basement filling; and (D) acquisition of floodplain land and attendant structure demolition or relocation, except as provided in paragraph (2). (2) Exclusion The term nonstructural feature does not include any property acquisition and attendant structure demolition or relocation required to implement a structural feature or to mitigate for flooding induced by a structural feature. (b) Capacity building (1) National nonstructural committee (A) In general The Secretary shall not terminate the charter for the National Nonstructural Committee of the Corps of Engineers established pursuant to the authorities provided to the Secretary under section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a) without specific authorization from Congress. (B) Stakeholder engagement and community outreach policies To the maximum extent practicable and consistent with section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a), the National Nonstructural Committee shall prioritize the development of guidance and tools to enhance the use of nonstructural features, when appropriate and consistent with applicable statutory authorities, including through stakeholder engagement and community outreach. (C) Consultation The Secretary shall not require a District or Division of the Corps of Engineers to consult with, or provide funding to, the National Nonstructural Committee when that District or Division is carrying out an authorized study or project for flood or coastal storm risk management. (2) Nonstructural working group (A) In general Beginning not later than 90 days after the date of enactment of this Act, the Secretary, acting through the National Nonstructural Committee, shall establish a working group (referred to in this paragraph as the Nonstructural Working Group) of representatives from Federal agencies with statutory responsibilities related to flood risk management or flood hazard mitigation, State and local governments, and nationally recognized nonprofit organizations with expertise in nonstructural flood risk management to provide individual advice to, and exchange information with, the National Nonstructural Committee— (i) to advance the execution of flood risk management and hurricane and storm damage risk reduction studies and projects that include nonstructural features; and (ii) to further the development of technical and policy guidance for the formulation, evaluation, and implementation of nonstructural features. (B) Meetings (i) In general The Nonstructural Working Group shall meet virtually on not less than a quarterly basis. (ii) Available to public Each meeting of the Nonstructural Working Group shall be open and accessible to the public. (iii) Agenda The National Nonstructural Committee shall make available on a public-facing website the agenda for each meeting of the Nonstructural Working Group at least 10 days before the date of the meeting. (iv) Minutes The National Nonstructural Committee shall make available on a public-facing website the minutes for each meeting of the Nonstructural Working Group not later than 30 days after the date of the meeting. (C) Access to information As is necessary and appropriate as determined by the Secretary, the National Nonstructural Committee shall provide participants in the Nonstructural Working Group access to information related to ongoing flood risk management and hurricane and storm damage risk reduction studies and projects that include nonstructural features and technical and policy guidance for the Nonstructural Working Group to carry out the purposes described in clauses (i) and (ii) of subparagraph (A). (c) Phased implementation (1) In general On the request of the non-Federal interest for a project for flood risk management or hurricane and storm damage risk reduction that includes nonstructural features at scale, the Secretary shall phase implementation of the nonstructural features by municipality, neighborhood, type of structure, category of nonstructural feature, or other appropriate criterion. (2) Project partnership agreements In carrying out a project described in paragraph (1), the Secretary may enter into a separate project partnership agreement with the non-Federal interest for each phase of construction of the nonstructural features. (3) Multiple non-federal interests In the case of a project described in paragraph (1) that involves multiple non-Federal interests, the Secretary may enter into separate agreements with each non-Federal interest. (d) Acquisition and attendant structure demolition or relocation If requested by a non-Federal interest for a flood risk management or hurricane and storm damage risk reduction project authorized on or after the date of enactment of this Act, the Secretary— (1) shall carry out a property acquisition and attendant structure demolition or relocation nonstructural feature included in the project on a voluntary basis; and (2) may not compel the owner of a structure included in the nonstructural feature to participate in an action described in paragraph (1). (e) Structure elevation (1) Temporary relocation assistance Section 8154 of the Water Resources Development Act of 2022 (136 Stat. 3735; 138 Stat. 3012) is amended— (A) in subsection (e), by striking 10 years and inserting 12 years; and (B) in subsection (g)(1), by adding at the end the following: (G) Project for coastal storm risk management, Rhode Island Coastline, Rhode Island, authorized by section 1401(2) of the Water Resources Development Act of 2024 (138 Stat. 3169). (H) Project for coastal storm risk management, Pawcatuck River, Rhode Island, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738). (I) Project for flood risk management, Tar Pamlico River Basin, North Carolina, authorized by section 1401(7) of the Water Resources Development Act of 2024 (138 Stat. 3171). (J) Project for flood risk management, Princeville, North Carolina, under study on the date of enactment of the Water Resources Development Act of 2026 under the authority of section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a). (K) Project for coastal storm risk management, Virginia Beach, Virginia, under study on the date of enactment of the Water Resources Development Act of 2026 under the authority of section 1201(9) of the Water Resources Development Act of 2018 (132 Stat. 3802). (L) Project for coastal storm risk management, City of Boston, Massachusetts, under study on the date of enactment of the Water Resources Development Act of 2026 under resolution of the Senate Committee on Public Works dated September 12, 1969 (91st Congress). (M) Project for coastal storm risk management, Nassau County Back Bays, New York, under study on the date of enactment of the Water Resources Development Act of 2026 under the authority of the Act of June 15, 1955 (69 Stat. 132, chapter 140). (N) Project for flood risk management, Green Brook, New Jersey, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4119), under reevaluation on the date of enactment of the Water Resources Development Act of 2026.. (2) Structure elevation project delivery pilot program (A) In general The Secretary shall establish a pilot program to evaluate the extent to which modifications to the structure elevation nonstructural features of a covered water resources development project to account for minimum design loads and associated criteria for wind risk will enhance the completeness, effectiveness, efficiency, acceptability, and equitable implementation by the Corps of Engineers of those nonstructural features for those covered water resources development projects. (B) Elements On the request of the non-Federal interest for a covered water resources development project, the Secretary may include in project costs shared in accordance with the cost share requirements otherwise applicable to the covered water resources development project the costs associated with modifying a structure elevation nonstructural feature of the covered water resources development project to comply with minimum design loads and associated criteria for wind risk as described in subparagraph (A). (C) Congressional notification The Secretary shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives prior to entering into a project partnership agreement providing for a covered water resources development project to be implemented under the pilot program established under this section. (D) Sunset The authority to enter into, or amend, a project partnership agreement providing for a covered water resources development project to be implemented under the pilot program established under this section shall expire on the date that is 10 years after the date of enactment of this Act. (E) Report to congress Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes findings and recommendations of the Secretary with respect to the pilot program established under this section. (F) Definition of covered water resources development project In this section, the term covered water resources development project means— (i) the project for coastal storm risk management, Rhode Island Coastline, Rhode Island, authorized by section 1401(2) of the Water Resources Development Act of 2024 (138 Stat. 3169); (ii) the project for coastal storm risk management, Pawcatuck River, Rhode Island, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738); (iii) the project for coastal storm risk management, Fire Island Inlet to Montauk Point, New York, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738); and (iv) the project for coastal storm risk management, Norfolk, Virginia, authorized by section 401(3) of the Water Resources Development Act of 2020 (134 Stat. 2738).